Loading...
HomeMy Public PortalAbout11 08 19 MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, NOVEMBER 8, 2019 AT 9:00 A.M. IN THE WILLIAM F. KOCH, JR. COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order Mayor Morgan called the meeting to order at 9:00 A.M. II. Pledge of Allegiance Mayor Morgan led the Pledge of Allegiance. III. Roll Call Present and Participating: Scott W. Morgan Thomas W. Stanley Paul Lyons Joan K. Orthwein Donna White Also Present & Participating: Gregory Dunham Edward Nazzaro Edward Allen Rita Taylor IV. Minutes Mayor Vice Mayor Commissioner Commissioner Commissioner Town Manager Asst. Town Attorney Police Chief Town Clerk A. Regular Meeting of October 11, 2019. Commissioner Orthwein made a motion to accept the minutes of October 11, 2019, with correction made on page 5, and the motion was seconded by Commissioner White with all voting AYE at roll call. V. Additions, withdrawals, deferrals, arrangement of agenda items There were none. VI. Announcements A. Regular Meetings and Public Hearing 1. December 13, 2019 at 9:00 A.M. 3. January 10, 2020 at 9:00 A.M. 4. February 14, 2020 at 9:00 A.M. 5. March 13, 2020 at 9:00 A.M. 6. April 10, 2020 at 9:00 A.M. Mayor Morgan called attention to these dates. VII. Communication from the Public (3 min. maximum) There was none. VIII. Reports A. Town Manager 1. Utility Undergrounding Town Manager Dunham referred to Steve Rosa for an update from Comcast. Mr. Rosa explained that when they began to proceed with getting the drops buried, they found that approximately two thirds of the homes have grinders for the septic tanks. He added they were diligently working with the Town's water department to make sure they don't penetrate the grinders. Cuppy Kraft complained about her sidewalk being cracked by Comcast and asked who was going to repair it. Mr. Rosa answered that she needed to contact Comcast maintenance as that was not a construction issue nor did it have anything to do with what they were working on at the present time. Mayor Morgan asked how many homes had Minutes of Town Commission Regular Meeting & Public Hearing Held November 8, 2019 @ 9:00 A.M. been connected to date, to which Mr. Rosa had a contractor with him who said there would be four contractors beginning work on Monday, November 11, 2019. Mayor Morgan asked where that work would begin, to which the contractor said it would start at Polo and work its way towards N. Ocean Boulevard. Mayor Morgan asked for a time frame, to which the contractor said six weeks was a comfortable time frame if they didn't run into too many obstacles. Mayor Morgan commended Comcast for being very good about coming to Commission meetings and giving updates. Mr. Bob Ganger complained that Comcast still hadn't fixed the issue with wires on the ground at his home after promising over and over to take care of it. Mr. Rosa asked Mr. Ganger to give his name and address to Greg, to which Mr. Ganger said that he had given it over and over, to which Mr. Rosa stated he had never met Mr. Ganger before and gave his word to guarantee that the issue would be taken care of. Town Manager Dunham stated AT&T ended up having to hand dig the conduit through the Town's 10' easement behind Mr. Lyons house. Mr. Dunham said they had two lines where they can't find the conduit, so he got them in touch with Wilco. Unlike Comcast, AT&T can begin transferring service to the homes once the splicing and conduit issue is finished, he added. Mr. Dunham stated that it should be finished by February or March and then FP&L could come in and take the poles down. 2. Place Au Soleil Street Lights Town Manager Dunham stated he would be meeting with Commissioner White, Mr. Chet Snavely and FP&L in a week to discuss the best way to test some of the wattages of bulbs, which would then set in motion the process for ordering the poles. Mayor Morgan asked about a time frame to which Mr. Dunham thought the lead time was 13 weeks. 3. C.I.P. Watermain Update Town Manager Dunham stated that he had met with Baxter and Woodman to discuss the 75% completion on the design and he then referred to Rebecca Travis. Ms. Travis, representative from Baxter and Woodman, stated they are now moving forward on the 100% design plans cost estimate which will be due to the Town on December 4, 2019. She added that Taracon would be in Town next week doing some borings in the street and will patch up any holes they make. Ms. Travis said they had been coordinating with the Town's arborist mitigating impacts to the Town's Australian Pines. After December 4, 2019, they would then proceed to the two-month bidding time frame for construction contracts and looking to February/March for the start of construction for the watermain, she added. B. Architectural Review & Planning Board 1. Meeting Dates a. November 21, 2019 at 8:30 A.M. b. December 19, 2019 at 8:30 A.M. C. January 23, 2020 @ 8:30 A.M. d. February 27, 2020 @ 8:30 A.M. e. March 26, 2020 @ 8:30 A.M. Mayor Morgan called attention to those dates. C. Finance Director 1. Financial Report for October 31, 2019 2 Minutes of Town Commission Regular Meeting & Public Hearing Held November 8, 2019 @ 9:00 A.M. Town Manager Dunham asked CFO Tew to explain why the Financial Report may look a little odd. Mrs. Tew stated that October being the first month of the fiscal year, typically the revenues looked a bit anemic because there is a delay of the distributions from the state and other entities that disburse their revenue's they collect the prior month. As of November 30, 2019, Mrs. Tew stated she will wrap up fiscal year 2019 but anything received in October will be allocated back to September and the Town was in a very good position. Commissioner Lyons asked Mrs. Tew to state what was in the Town's cash reserves to which she answered that currently the Town's fund balance was $6,336,200, which was pre -audit, for the General Fund and the Water Fund was just under four million dollars. Commissioner Lyons commented that we needed those monies for the CIP project. D. Police Chief 1. Activity for October 2019 Chief Allen requested that the reports be accepted as submitted. Mayor Morgan accepted all reports as submitted. IX. Items for Commission Action A. Declaration of Use Agreement with The Little Club Vice Mayor Stanley stated he had a voting conflict due to the fact that he was on the Board of The Little Club and stepped down from the dais. Mayor Morgan stated it was remarkable to have such a large turn -out of residents and others who may be affected by the decisions on the pickleball courts and added that they were seeing democracy in action. Mayor Morgan stated the Architectural Review and Planning Board, after several hearings, approved the application by The Little Club for two pickleball courts. This was done over a period of months and several meetings by the Town Staff to bring parties together to voice and try to address concerns, which he added was really just one concern, the noise impact of pickleball play. Mayor Morgan stated the ARPB approved the application subject to conditions of use, which was being brought before the Commission, and they were to either accept, modify, or reject those conditions. He added the Commission must be cognizant of the need to balance the rights and expectations of neighbors at Hillside, along County Road, Las Casitas and St. Andrews Club of their interest in the quiet enjoyment of their property vs. The Little Club, which was zoned recreational, and their right to implement recreational activity on their property. Mayor Morgan stated The Little Club had made tremendous efforts to reduce the noise impact from the proposed pickleball courts and they were also residents of Gulf Stream, and he complimented them for all they had done. Mayor Morgan recommended tabling the action for a month and in that month be provided with a packet from staff with details on the quiet ball, the quiet paddle, the nature and location of the courts, the acoustic fencing and the sound report from the engineer. Mayor Morgan stated he was not comfortable with the notion of the only way to tell if the noise from the pickleball courts was going to be offensive or not was to put the courts in place. He added noise was variable until defined and not easily quantifiable. Mayor Morgan recommended that the Town retain a sound engineer independent of either side, look through all the 3 Minutes of Town Commission Regular Meeting & Public Hearing Held November 8, 2019 @ 9:00 A.M. information that has been provided, visit the site and then report back to the Commission with observations and comments so they could make an informed decision one way or the other. Mayor Morgan then asked the Commissioners for comments. Commissioner Lyons stated that the Commissioners weren't allowed to discuss a subject that would be presented at a Commission meeting so he had no idea what the Mayor was going to say but agreed with him on the direction he was heading and agreed that The Little Club had taken many steps to oblige the complaints. He added that the elephant in the room was if the noise was going to be a nuisance. Commissioner Orthwein agreed that an independent contractor regarding the noise should be hired. Commissioner White brought up the fact that the Town had decibel levels for generators and that more facts needed to be shown regarding these levels for pickleball. Mayor Morgan asked Town Manager Dunham to give a brief summary and then he would open the floor to public comment. Town Manager Dunham stated that The Little Club came to the ARPB July meeting with an application and the ARPB deferred it to the September meeting requesting that The Little Club do a sound study to address all the noise concerns from residents. In September, The Little Club came back, having had a noise analysis, but the company who did the sound study was not present at the September meeting, he added. The ARPB directed the Town Staff to have a mediation meeting between the residents and The Little Club. Mr. Dunham stated they did as directed and had a two and a half hour meeting which seemed to go well with positive feedback from both sides. He added that at the end of the meeting Assistant Town Attorney Nazzaro recited copious notes taken during the meeting so that everyone was on the same page and in agreement. Mr. Dunham stated these notes were then put into a Declaration of Use Agreement that was taken to the ARPB October meeting and approved, which brought us to the present Commission meeting. Mayor Morgan then opened the floor to public comment. The following residents made comments in opposition to the pickleball courts: 1. Tom Cutler, Hillside House resident 2. Carol Smith, Fairways II at St. Andrews 3. John Gallagher, Hillside House 4. Rick Morris, Fairways, II at St. Andrews 5. Mike Genereux, Hillside House 6. Sophie Bent, Hillside House 7. Marilyn Benoit, Fairways II at St. Andrews 8. Sophie Aires, Fairways II at St. Andrews Roz Curtis, President of The Little Club, stated The Little Club wanted to be good neighbors, which was why they had taken all the steps known to try and mitigate any impact on the neighbors. He added they would be fine with an additional independent study to determine, if in fact, the steps they had taken would mitigate the impact. Mayor Morgan thanked everyone for their comments. Commissioner Orthwein made a motion to table the Declaration of Use Agreement with The Little Club to the December meeting. The motion was seconded by Commissioner White and all voted AYE at roll call. 4 Minutes of Town Commission Regular Meeting & Public Hearing Held November 8, 2019 @ 9:00 A.M. Town Manager Dunham asked if Item C could be moved up before Item B as Ms. Travis had a meeting she needed to get to. Mayor Morgan agreed. Assistant Town Attorney Nazzaro stated that Vice Mayor Stanley had to leave due to an appointment. C. Proposal: Engineering for Wastewater Feasibility Study. Rebecca Travis, representative from Baxter and Woodman, summarized the task set before them was to review the provision of sewering for the entire town and to discuss how the Town residents were being serviced and whether it is a septic tank or lift station. She added they would look at the water usage for each house to determine flow projection for the Town as a whole. From that determination, they would discuss the findings with Delray Beach and Boynton Beach and would evaluate the use of conventional gravity vs. low pressure system. They would provide a preliminary layout and design of wastewater collection systems to service the Town's service area and provide preliminary capital cost evaluation for the proposed system layouts and flow routing options. She said they would also identify potential regulatory impacts to constructing a new wastewater collection system and tying into a neighboring city. A final report would be developed documenting results of all the tasks set before them and Ms. Travis stated they would have a draft report in late March or early April 2020, and finalize the report, after the Commission had approved, in late April or early May 2020. Commissioner Lyons asked if existing residents could opt out of the municipal plan to which Ms. Travis answered there was a regulation that stipulated if there was a public system available within so many feet of the property that has a septic tank, you were required to disconnect from the septic tank and connect to the public. If you had a private lift station, she thought you could opt out, but would need to pump to the public system. Commissioner Orthwein wanted to know how it could be worked out so the private could stay private, the others go public, who would pay for it. She wondered if it would be set up like the undergrounding. Ms. Travis said the Town would have to determine how that was going to play out. Commissioner White wanted to know if this would have any affect on the CIP. For example, having to tear the streets up after they've already been replaced. Ms. Travis said the CIP was prepared by looking at watermain and road improvements and added the sewer would probably need to be done first to avoid having to tear up the roads again. Commissioner Orthwein asked if the communities that had gone over to sewer did so because they wanted to or because they were mandated. Ms. Travis answered that it was a little bit of both. Mr. Anthony Beltran, water supervisor for the Town of Gulf Stream, stated that if a septic system is within 50 feet of a sewage connection, they must connect to it, whether they want to or not, by law. Commissioner Orthwein made a motion to approve the $32,265.00 for the Wastewater Feasibility Study. Commissioner White seconded the motion and all voted AYE at roll call. B. Resolutions 1. No. 19-12; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN 5 Minutes of Town Commission Regular Meeting & Public Hearing Held November 8, 2019 @ 9:00 A.M. D. Proposal: Replace 3 Fire Hydrants. Town Manager Dunham explained that this was an emergency, the work had already begun and the Town went with the lowest bidder. He asked that the Commission retroactively approve the bid. Commission Orthwein made a motion to approve, retroactively, the bid award to Southern Pipeline, Inc. to replace three fire hydrants and associated water main work in the amount of $36,075.00. E. Information Technology Services Agreement. Town Manager Dunham explained that the Town had purposefully gone into a one-year agreement and are very happy with Calvin, Giordano & Associates, and would like to extend their agreement for two more years. Commissioner Lyons made a motion to approve a two-year extension of the agreement with Calvin, Giordano & Associates. The motion was seconded by Commissioner Orthwein and all voted AYE at roll call. F. Lien Release Modification @ 2775 Avenue Au Soleil. Assistant Town Attorney Nazzaro stated that last month the Town counter -offered for $125,000 to release the lien at 2775 Avenue Au Soleil and it was accepted by the Estate. In working out the specifics, Mr. Stanton, the adjacent neighbor, wanted to keep two walls of the existing structure. Mr. Stanton was concerned because one of the conditions of the lien was demolition and he would like to keep two of the walls to incorporate into the structure that he would be building. M OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, APPROVING AND ADOPTING THE 2020 REVISED PALM BEACH COUNTY LOCAL MITIGATION STRATEGY PLAN; PRESENTED FOR ADOPTION NOVEMBER 8, 2019; AND FOR OTHER PURPOSES. Commissioner Orthwein made a motion to approve Resolution No. 19-12 as presented. Commissioner White seconded the motion and all voted AYE at roll call. 2. No. 19-13; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA PROVIDING FOR THE APPROPRIATIONS OF BUDGET REVENUES AND EXPENDITURES IN THE GENERAL FUND FOR THE FISCAL YEAR ENDING SAPTEMBER 30, 2019; PRESENTED FOR ADOPTION NOVEMBER 8, 2019. Commissioner Orthwein made a motion to approve Resolution No. 19-13 as presented. Commissioner White seconded the motion and all voted AYE at roll call. 3. No. 19-14; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, APPROVING AND AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE TOWN OF GULF STREAM TO PROVIDE DIRECT RADIO COMMUNICATION BETWEEN 911 PUBLIC SAFETY ANSWERING POINTS AND ON -DUTY TOWN PERSONNEL; PRESENTED FOR ADOPTION NOVEMBER 8, 2019; AND FOR OTHER PURPOSES. Commissioner Orthwein made a motion to approve Resolution No. 19-14 as presented. Commissioner White seconded the motion and all voted AYE at roll call. D. Proposal: Replace 3 Fire Hydrants. Town Manager Dunham explained that this was an emergency, the work had already begun and the Town went with the lowest bidder. He asked that the Commission retroactively approve the bid. Commission Orthwein made a motion to approve, retroactively, the bid award to Southern Pipeline, Inc. to replace three fire hydrants and associated water main work in the amount of $36,075.00. E. Information Technology Services Agreement. Town Manager Dunham explained that the Town had purposefully gone into a one-year agreement and are very happy with Calvin, Giordano & Associates, and would like to extend their agreement for two more years. Commissioner Lyons made a motion to approve a two-year extension of the agreement with Calvin, Giordano & Associates. The motion was seconded by Commissioner Orthwein and all voted AYE at roll call. F. Lien Release Modification @ 2775 Avenue Au Soleil. Assistant Town Attorney Nazzaro stated that last month the Town counter -offered for $125,000 to release the lien at 2775 Avenue Au Soleil and it was accepted by the Estate. In working out the specifics, Mr. Stanton, the adjacent neighbor, wanted to keep two walls of the existing structure. Mr. Stanton was concerned because one of the conditions of the lien was demolition and he would like to keep two of the walls to incorporate into the structure that he would be building. M Minutes of Town Commission Regular Meeting & Public Hearing Held November 8, 2019 @ 9:00 A.M. Commissioner Orthwein made a motion to accept the amended conditions for the release of the lien which would be a payment of $125,000 to the Town, that the structure located at 2775 Avenue Au Soleil be completely demolished except for the two (2) walls as indicated on the survey presented and that the lots at 2775 Avenue Au Soleil and 2765 Avenue Au Soleil be joined in a unity of title. Commissioner White seconded the motion and all voted AYE at roll call. G. Items by Mayor & Commissioners There were none. X. Adjournment. Mayor Morgan adjourned the meeting at 11:15 A.M. 7